The appellant seeks Dependents' Educational Assistance under Chapter 35 of the U.S. Code, but her eligibility is contingent on a retroactively awarded permanent and total rating for her father's service-connected disabilities. The RO needs to obtain a copy of the March 19, 2009 decision awarding this rating and determine if she is now eligible.
The deciding factor: The appellant's eligibility for Chapter 35 educational assistance depends on whether she reached age 26 before or after the retroactively awarded permanent and total rating was effective.
- Claimed conditions
- Permanent Total Service-Connected Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 4, 2009
- Citation
- 0941920
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0941920.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Whole decision: Denied
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- Whole decision: Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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